One week before Christmas in 1929, in a packed courtroom in Mountain View, Arkansas, defense attorney Ben Williamson put a question to his witness: "You weren't beaten to death and burned last March, were you?" The witness was the murder victim. "Well, I don't look like it. And I don't feel like it."
Four men were on trial for his torture and killing, facing the death penalty. The star witnesses were a teenage girl and a man who could neither hear nor speak. The prosecutor and the defense attorney were brothers. And the dead man had come back to set the accused free.
Over the wall, under a new name
The story starts at the Arkansas State Hospital for Nervous Diseases in Little Rock, an institution with the usual grim history of little treatment for the living and thousands of unmarked graves for the dead. A census taken in July 1929 found it over capacity by nearly 1,200 patients. By then, one patient was long gone. Marion Franklin Rogers, a married father of four, had gone over the wall, and he did not run home to his family. He ran the other way.
It was easier to vanish back then. Cash was king, and you were who you said you were. About a hundred miles from the asylum, Rogers drifted into the poor, isolated Ozark community of St. James, working as a farmhand and woodcutter. He shaved a decade off his age and called himself Connie Franklin. Soon the grown man was courting Tiller Ruminer, a 16-year-old farm girl. They met in January 1929, and within three months they had promised to marry.
A night on a mountain road
On March 9, 1929, Connie Franklin disappeared. Two months later, Tiller told the law what she said had happened. She and Connie had been walking to get married when a drunken band of night riders caught them on the road. Night riders were masked vigilantes who struck in the dark. In Arkansas they had burned cotton wagons, dynamited farm equipment and terrorized Black farm workers, and a 1909 law made any killing during a night ride first-degree murder, punishable by death.
In Tiller's account, Connie screamed, "Till, Till, run, they're killing me." Then Joe White slammed a rock onto his head, and Herman Greenway and Hubert Hester dragged her into the bushes and raped her. Afterward, she said, they told her they had killed Connie and threatened to kill her too if she talked. Five men were arrested: Alex Fulks, Greenway, Hester, Bill Younger and White. Officers said the men had planned a mock wedding for the couple, using borrowed marriage licenses, just to "have a little bit of fun." Officers also floated a motive: a jealous Franklin had threatened to expose their moonshining.
Two eyewitnesses backed her up. Reuben Harrell, who was deaf and mute, answered questions in court by tapping his fingers and said he watched four men carry a body toward a roaring log fire. Eugene Chauncey, 53, said he hid behind a tree while a big man brought a club down on a begging victim. Both said they'd been threatened into silence. The sheriff had a box of charred bones.
Then Connie Franklin turned up alive. He said a mule had thrown him, he'd spent the night at Greenway's house, Tiller had called off the wedding, and he'd gone off to find work. "They didn't tell me it was me who was killed, and I don't know much about reading newspapers."
The murder victim walked into his own murder trial alive and testified to free the men accused of burning his body. Three witnesses still swore they heard or saw a man killed that night, and no one has ever figured out who died.
Dog teeth and a harmonica
Reporters poured into Mountain View and griped about the Dew Drop Inn, which had no electricity and no running water. Hollywood reporter Harry Brundidge prowled the halls in orange striped silk pajamas and a Japanese kimono. The Associated Press strung the town's first telegraph wire into the courthouse. The stories that went out painted the locals as violent backwoods hillbillies, and Arkansas never forgave it.
Inside the courtroom, identity became the whole case. The hospital's records didn't match: wrong teeth, a hernia scar on the wrong side, no limp. But Lily Baker looked at the man and knew her son, Marion Franklin Rogers, age 33. He admitted as much on the stand: "I didn't want the whole world to know who I was and that I'd been in the insane asylum." Asked why a married man meant to wed Tiller, he shot back, "How do you know I was aiming to marry her? Was you there?"
He begged Tiller to recognize him. "Tiller, it's me. You know it is, Tiller. Say so." Weeping, she told him, "Sing the Lonesome Pine." He sang. Her verdict: "If it's Connie, he's changed some." Her father had him play "Turkey in the Straw" on the harmonica and still wouldn't say. Twenty-five witnesses swore he was the real Connie Franklin. Fifteen called him an impostor, and Tiller held firm: "That ain't him. That fella's too tall, hair too dark, and his nose is too big."
Then the defense called a dentist, Dr. A. Matthews, to look at the teeth from the ash pile. They weren't human. "They are dog teeth."
The ghost slips away
With a blizzard drifting snow against the windows, the jury deliberated for 13 hours and came back "hung six and six." Judge Bone sent them back, grumbling that "This case has already cost the county $3,000 and I do not propose any more money shall be spent." At 5 p.m. on December 19, they found that Connie Franklin was who he claimed to be. All four defendants walked out free.
Franklin got a free stay at the Majestic Hotel in Hot Springs, a spot on radio station KGHT, and a visit from two Hollywood men in a Cadillac. None of it went anywhere. He vanished again for more than 40 years. In the 1970s, folks say, a shriveled old man turned up in Mountain View who could play a mean harmonica.
So who burned in that fire, if anyone? Two witnesses who didn't know the other was there, both threatened, described the same beating. Nobody ever denied the attack on Tiller. She married a man 28 years older than she was and lived to 79. Whatever happened on that road went to the grave with the men who were there. "They call Connie Franklin the Arkansas Ghost."
